looks just like sean happy on the dance floor. or is that bill o'reilly? no. i think it's bill shaw. he's in management. looks like one of the guys here at fox. good night from washington. see you monday night. the o'reilly factor is on. tonight: >> when when a president doesn't tell the truth how can we trust him to lead. >> mitt romney through his own words and his own signature was misrepresenting his position at bain to the sec which is a felony. >> mood flying and what could be the mastiest presidential race in history as obama and romney accuse each other of lying. who stelg the truth? we will break it down. >> governor romney needs to find someone who wants to run with him there are many people who will do it very very well and eye support the ticket. >> buzz surrounding mitt

romney's v.p. choice. condoleezza rice is the top of the list. is condoleezza rice the best choice for the republic ticket? we'll have analysis. >> she speaks to the hispanics and blacks in the country and women, specifically in a very credible way. >> trayvon was hunted down like a rabid dog. he was racially profiled. not so fast. no racial bias in the shooting of trayvon martin. will this help zimmerman in his murder trial. details on that. caution, you where to enter the no spin zone. the factor begins right now. >> juan: i'm juan williams in for bill o'reilly. let's get to the top story.

will this be the nasaest presidential race in history? it's heading in that' both campaigns stepping up the attacks. call reporters deputy campaign manager stefanie cutter suggested mitt romney lied about when he stopped working at bain capital the private equity company that romney helped to found mitt romney through his own words and his own signature was misrepresenting his position at bain to the sec, which is a felony. or, he was misrepresenting his position at bain to the american people to avoid responsibility for some of the consequences of his investments. >> juan: harsh rhetoric, team romney is demanding an apology from mr. obama saying his staff is out of control and hit a new low. the governor didn't stop there in a rebuttal to claims that he outsourced jobs while at bain. romney released this ad.

>> when the president doesn't tell the truth, how can we trust him to lead? obama outsourcing attacks misleading, unfair and untrue. there was no evidence that mitt romney shipped jobs overseas. candidate obama lied about hillary. >> so shame on you, barack obama. >> but america expects more from a president. obama it's dishonest campaign, another reason america has lost confidence in barack obama. >> juan: with both campaigns claiming the other is lying, we need a good, thorough fact check to set the record straight. with me now bernard wittman a democratic strategist and from nashville chip, a republic strategist. chip, let me begin with you. this -- in response to the ad that you just saw coming from the romney camp, the obama campaign saying this is part of what they call, quote, the big bain lie. what's going on here, chip? >> maybe in chicago style politics to call somebody a felon is just a slow friday

afternoon. in presidential politics it does dictate this is going to be a nasty mean campaign. as we kind of continually see what's happening, every time there is a bit of bad news like we did in the jobs report this week, the obama campaign punches back on bain. if there was good news for rom ng on bain. what we are going to see is a narrative that's going to unfortunately throughout the long hot summer into the fall they are going to bang on bain as many times as they can because they think they have got an issue that matters. i happen to disagree with them because the jobs and the economy. >> juan: hold on, chip, what we have seen so far in this very nasty campaign, and this is a hot, nasty episode, is that the negative ads do seem to have some impact. i don't think they would be doing this if it wasn't swaying voters in swing states. is it politically effective? your guy mike huckabee's campaign manager is it working? >> we took a few shots at mitt romney, too. we obviously didn't win neither did mitt romney. john mccain did four years ago. mitt romney running a good

campaign this time around. won the nomination. obama campaign may be overplaying their cards here. at the end of the day you might want to use bain to attack to kind of bring into question the voters, what kind of businessman this guy was. at the end of the day, a of that seems to be noise because it is about jobs and the economy. the romney campaign has to explain all of, this at the end of the day t is about jobs and the economy that matter. >> juan: bernard wittman, do you think this is effective strategy to go after bain in such an aggressive way basically say this guy is felon when he signed that sec form. he was lying. >> here's the bigger problem. the american people fundamentally do not know who mitt romney is in nine separate filings with the sec, nine of them, he was listed as the sole stockholder, the chairman, the ceo and the president through 2002 despite repeatedly saying that he left in 1999 in order to avoid responsibility for some of the disastrous investments and jobs that were lost, bankruptcies that were created, outsourcing that was done between '99 and 2002. we don't know who this guy is

he said he wasn't involved. records show otherwise. and, to further that, there is other things. he has got secret bank accounts in switzerland. bermuda. he won't release his tax returns. it leads up to a larger narrative of the american people are not sure if this guy is telling it the truth and fundamentally who is this man? >> what we have heard from the romney campaign is he was off running the olympics this was just perfunctory, he signed the sec form during that country. what's wrong that's a pretty simple explanation. >> i don't know but. i think most of the american people they are telling the truth. they make darn well certain nine times saying that he, in fact, was the sole stock owner, it's hard to make the argument that he had no involvement with the company when he was getting paid a 6

figure salary as executive and he was the only one that owned the company. you can't have it both ways. >> juan: chip, clearly you just heard from bernard is the obama team point they are driving this like a train going without brakes. >> every day if is the driving narrative so far of this campaign. it puts romney on the defensive. at least that. even if you say it's a distraction from the big ticket item the economy, there is no question. this has put mitt romney on othe defensive. i see republics who are now saying why isn't romney doing a better job of fighting back? >> well, i think we are going to see romney start pushing back on this. look, i think mitt romney is a pretty impressive guy. there is no way he could have left boston salt lake city and run the olympics and run bain capital. pretty normal for a ceo or stockholder to leave a business and go doing something else and receive income from that business several years out, passive

income. that doesn't mean he was running it, it doesn't mean he was calling the shots. he was receiving passive income from many investments he had done before. pretty normal business, actually. romney people have got to come back and push back him hard and get control of this narrative. >> juan: take a quick listen to what president obama says was the biggest mistake of his first term. >> the mistake of my first term, couple of years was thinking this job was just about getting the policy right and that's important. but, you know, the nature of this office is also to tell a story to the american people that gives them a sense of unity and purpose and on michelle especially during tough times. >> bernard is, that right, the only mistake he made is how to tell the story?

that's unbelievable. >> what he said was the biggest mistake he made. frankly he got it right on topic. here is why he hasn't properly communicate to the american people. the truth is and facts are we have had 28 straight months of job growth. >> juan: we also have 8.2% unemployment. >> understood. >> and economy very slow to recovering. biggest mistake he made is story telling. >> what the american people do not understand all the benefits that this president has brought. for example, i don't think most people know that he is responsible for americans saving $5.5 billion a year in credit card fees. is he responsible for seniors. people save $3.5 billion. it's true you don't want to hear the truth. >> juan: chip, chip, do you think story-telling is the big problem of first four years of barack obama? >> he certainly has told some big stories the last four years. i think he has made a lot more mistakes than that. >> juan: thank you very much. next on the run down, why do single women overwhelmingly

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>> juan: new quinnipiac poll shows president obama needs leads mitt romney two to one among single women. romney trying to cut into leads among that group and they put out this ad. >> some people say there is a war on women. we agree. it's a war being waged in our economy. under president obama, the number of women living in poverty has skyrocketed, hit hardest in every poverty-related category. 17 million women now in poverty. 800,000 more than when obama took office. >> juan: the question is why

do single women overwhelmingly support mr. obama? joining me now with insight. michelle fields a contributor to the daily caller web site and marjorie, a democratic pollster. both women are in washington this evening. margie, let's start with you. it's worth noting that nearly half of single mothers receive support from the federal government. that's not the only reason but is that the main reason why they are such big supporters of president obama? >> there is a few things. first, i think it's important that we keep consistent what terms we're using here. single women are different from single mothers. single men also vote dispro-importance portion natalie for obama and there is a lot at play here. single women are disproportionately younger. they are disproportionately, they're a bit less white than married women. we got from the quinnipiac poll. all these different factors lead to partisan differences. it's a mistake to look at the

food stamps as an issue as why they are voting for obama. it's because obama a policy to help women and mitt romney doesn't. mitt romney doesn't even know how he feels about lily led better. >> that's the will equal pay amendment and romney has been unclear about it michelle, when you look at the same numbers, these numbers that show obama leading 2 to 1, what do you see? >> well, look, it's no surprise, democrats, they promise single women this life of julia where everything is provided for them. they are essentially married to the state. all they have to do in return is provide a vote to democrats so that they can stay in power. that's an extremely appealing message to single women who are a demographic that overwhelmingly are the largest individuals who use government programs. >> juan: hang on a second. i think people are going to want to know what you mean by life of july i can't. obama team had put out a little sort of comic strip of video for people on the

internet explaining how a single woman or any woman might benefit from the social safety net that president obama has in place. so, is that what you are talking about? in essence, they are saying you say these single women are married to the federal government. married to president obama. is that what you are saying, michelle? yes, exactly. everything is provided to them. and as long as they provide a vote to democrats, they will be able to receive that. and they are a huge beneficiary of government programs and mitt romney is saying, hey, look, i'm going to slash these programs. and implement policies that are not going to make you feel comfortable in poverty which is what these programs are. i'm going to help you rise above poverty. that's a really difficult and unappealing message to people who are used to government dependency. >> juan: one thick i noticed when i was doing the research on this today in 2007, 44% of these single women did get some kind of fall benefit. now today under president obama. it's up 2 percentage points about 46%. that's nod a radical increase. what do you say that it was --

that way before? it's that way now. these are women with kids. >> these are individuals who are dependent on the government. and here is obama and the democrats who are saying, look, mitt romney and the g.o.p. are going to slash these benefits. that obviously is an unappealing message for people who are used to being dependent on the government. >> juan: there is new ad being put out by planned parenthood. in the planned parenthood ad which is running in three key markets, one in florida. one in iowa. one in northern virginia, it says romney would cut money to planned parenthood. it says romney would overturn roe v. wade. is this histrionics or what? >> no, those are facts. those are things that he said. those are ads actually on the air unlike the one we were just talking about which is on the web. it's not actually an ad on the air. it's a shame that republics can't find language to talk about, to talk to and listen to women and really have a dialogue. mitt romney has said i don't care about the very poor.

those are his words. those are not my words. >> oh my goodness. >> it shows. google it he did say that you are talking about a party that is so disrespectful. you have jon kyle sneerg i don't need security care coverage. policy. >> 17 million women living in poverty under obama. >> right. >> 25% of hispanic women. >> mitt romney saying he doesn't care about them. >> that's not the g.o.p. that is obama. >> this debate is ongoing. we are going to talk about it some more. thank you very much for coming in tonight. directly ahead, will condi rice be mitt romney's running mate? could she be a game changer for the republic ticket? and, later, the fbi saying george zimmerman was not racially motivated the night he shot trayvon martin? we will take a look at how that could impact zimmerman's murder trial after these messages. [ morgan ] right now when you use your visa card,

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the republican beef steaks buzz is building over mitt romney's running states. condoleezza rice is on the governor's short list. i floated her name back in april. >> >> juan: if you talk to the party chairman. people who are strategic in their thinking about what it will take to get mitt romney past barack obama, they are saying you know what? here is someone, condoleezza rice, with political credibility. she is nobody's token appointment. she speaks to the hispanics and blacks in the country and women, specifically in a very credible way that says to them this is a forward-looking candidacy being held by mitt romney. >> juan: a romney-rice ticket is sparking passionate debate in circles. joining me now to analyze from

washington stephan hayes a senior writer at the "weekly standard." steve, i know you are skeptical about. this you don't think it would be a good decision. tell meme why. >> i don't. i agree beverage you just said about her credibility, about the things that she would bring to the ticket. the message it would send. there is nothing we disagree with. i think there are a couple reasons that i'm skeptical that he will pick her and i don't think it would be wise for her to do that the reason i don't think he will pick her is because he said in an interview with me that he had -- won't even be considering a pro-choice running mate condoleezza rice is pro-choice. she described herself as moderately pro-choice. i think the romney campaign has tried so hard-to-a void having governor romney flip flop on anything given the fact that he had been so criticized for doing so in the past. they would be loathe to put somebody pro-choice on the ticket when he has already ruled that out. why shouldn't he do it? she brings back the bush administration foreign policy

which is controversial inside circles and the rest of the country there are a lot of reasons that people would be skeptical. >> let me ask you, this steve. this story really emerged as a result of the drudge report putting it at the top of their web site today. lot of people think gee, is this just a conversation changer? is this really to get people away from talking about bain and all the attacks on mitt romney? i know you are a cynic because we talk all the time. but do you think that's what's going on here or do you think this is real that there really is some consideration? because as you know, mrs. romney has said a woman is under serious consideration for the vice presidential slot. >> yeah, i mean i find t very hard to believe that he would pick her for the reasons i suggested. and others. but i mean i think this is most likely a distraction. if you look at the conversation that's been taking place over the past couple days. it's been a conversation about national debate about mitt romney's taxes, about where he was on bain capital. i think the romney campaign

has fought ably to fight off the charges from the obama campaign and fight them at least to a draw. but it's not the kind of conversation that the romney campaign wants to be having. much better in their mind to be having a conversation about potential vice presidential pick, particularly someone who is as accomplished and well-respected as condoleezza rice is regarded by, i think, voters across the country and voters in both political parties as well as independents. >> juan: one of the critical points you raised and the one i think this is a serious thing. i'm going to treat it seriously, steve. if it's serious, can i imagine conservatives saying but she is pro-choice. and i can imagine people saying, you know what? it's going to be hard to accept that yes, she would shake things up, yes, she would appeal to women. yes she would appeal to minorities, it would be a game changer but she is pro-choice. am i right? >> yes. two problems with that i think potentially. one social conservatives would be upset about it you have already had a statement out friday afternoon from the susan b. anthony list saying that she would be an

unacceptable choice. on the substance i would have objections from social conservatives from, pro-lifers, again, i think the bigger problem, at least in terms of practicality, the reason that mitt romney would not want to pick her, because she is pro-choice is because he has already ruled that out and it would raise all of these charges again and again that he is a flip flopper. >> juan: what if it was a difference between winning and losing, steve? i think people want to beat barack obama so badly that they are willing to make some compromises if you will on the social issues. remember, what mitch daniels said. we should run this campaign about the economy. not the social issues. so is it possible that people would say let's just do it? >> i don't think they want to be talking about the social issues but i don't think that that would be the kind of thing that mitt romney would want to compromise on given what he said about it in the past. >> juan: steve, thanks so much for coming. >> in you bet. >> factor debate on courting the african-american vote. also ahead bill clinton

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>> juan: president obama's support among african-americans is at 92% and that's despite high unemployment in the black community. this week at the naacp convention mitt romney hammered home this point.

in june while the overall unemployment rate remains stuck at 8.2%. the unemployment rate for african-americans actually went up from 14. 4%. americans of every background is asking when this economy will finally recover and you, in particular, are entitled to an answer. >> vice president joe biden on the other hand spoke to the crowd in more philosophical terms. we see america in the words of the scripture what you do unto the least of my brethren you do unto me. [cheers] as president barack obama said we are our brother's keeper. we are our sister's keeper. we have an obligation and at the outset as i said, i believe this election will come down to character, conviction, and vision.

>> juan: there is no denying the fact that governor romney laid out the issues facing the black community in much starker terms than mr. biden. so, why do african-americans still overwhelmingly support president obama? joining us now from washington, bishop harry jackson, the senior pastor it of hope christian church and here in studio, reverend conrad tiller, the senior minister at the nazarene congressional united church of christ. reverend, let me start with you and say 14.4% when we talks about the young people it's just obscene. so, if that's the case, how do you explain, except for racial loiltd, the black vote at 92%? >> well, first of all, let's not act as though catholics were not very excited when john f. kennedy was elected president. you get the first latino president. the excitement in the latino community is going to be great. so, obviously that dynamic is

there. but, african-americans have suffered disproportionately under every administration. we have unique challenges and that's why people like cornell west said we can ill afford to just take a vacation from challenging the president and challenging the white house advocating on behalf of african-americans but, listen, the election comes down to a choice between two people. and african-americans like the philosophy of the obama administration as opposed to the romney administration which says essentially darwinism would exist, the strongest, the most successful would survive and everyone else would be in great difficulty. >> juan: i think i hear bishop jackson over there grunting. i think you are in pain, bishop. let me hear, how do you answer this question? you are in the community. you dealing with folks who come up to you assand they are obama supporters. what about unemployment? here is a president who says he doesn't want to do anything specifically for the black

community for fear that he would be seen as the black president. and, yet, the black community says we're voting for you, and i wonder are they just voting because he is he black, which is pt -- apparently that's what reverend tiller says is part of the equation. >> i think that's a part of it in that we are so proud of obama, which is good. but the problem is that he could have done something with small business contracts, $6.4 billion less than 2010 was spent in 2011. and many many black businessmen did not get contracts because of the lack of vigilance on barack obama's part. i believe, juan, what's going to happen this time, as in 2004 when marriage was a big issue, bush won because only 7% of blacks veered away from the democratic party in ohio. 9% in florida. so three issues are on the table, i think. marriage as an institution,

20% of blacks will not vote for obama in the recent polls in north carolina. secondly, all across religious spectrum, according to pew research many are concerned from old to young that he is not promoting what i'm going to call the faith-based social values. and, third, in the economy, he could have done something specific as i just mentioned, and he didn't. so, i think he will lose what i'm hearing is he is saying gay marriage is going to keep some people home because president obama spawrsz gay marriage. >> i will say and concede that was a very controversial issue in the african-american community. and there is strong disagreement with the president on that issue. however, african-americans have never been single issue voters. again it, comes down to it a choice. we know what the fat cats from bain and wall street have as an agenda for america. and at the end of the day, we have a choice between the

democrats who tend to consider all -- particularly those stuck at the bottom and those from the republic party. >> juan: bishop, is that right? let me hear your response from what you are hearing from reverend tiller. >> no, what's needed on romney's side is he needs to get a message and he needs it targeted specifically to the black community. the fat cat argument doesn't work when the president could have pulled the lever and written in a sense out contracts for minority businesses. so, i believe that romney has got to be as aggressive as he was -- >> juan: you think that will work. gentlemen, thank you very much. next on the run down did former president bill clinton distort mitch mcconnell's remarks about president obama and the economy? we're going to play that tape for you. you be the judge. and, later, a brand new fbi report shows there is no evidence that george zimmerman's a racist. will this exonerate him? that's coming right up. [ male announcer ] summer is here.

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said that his number one priority was winning the election. >> it sounds like you are saying the republicans are basically rooting for the economy to fail. >> no, i didn't say that senator mcconnell did. senator mcconnell said his number one goal was not to get the economy going again. it was to defeat the president. so, i hope they are not routing routing it for it to fail. they really may belief that austerity now is the right policy. >> juan: what did senator mcconnell actually say when asked about his goals. take a listen to this exchange last summer. >> i received an email with a list of quotes on it, republic candidates and leaders saying that bad economic numbers help republics chances in 2012. on that email is one of your quotes from last year, where you said, quote: the single most important thing we want to achieve is for president obama to be a one-term president. so, how do you respond to those democratic lines of attack? >> well, that is true.

that's my single most important political goal along with every active republic in the country. but that's in 2012. our biggest goal for this year is to get this country straightened out and you can't get this country straightened out if we don't do something about spending, about deficit, about debt. and get this economy moving again. >> juan: joining us now from washington economist ben stein and styman rosenberg a senator left think tank. ben stein, when you heard what mitch mcconnell had to say, it sounds to me like he is talking about the economy, i mean, he wants to defeat president obama. is he a republic. but he said the economy is his number one goal. isn't that right or did i mishear him. >> he said that was his number one goal in 2011. i think he thought in 2011 as we all did by 2012 would be in a wrong recovery and then his number one goal in 2012 was to change presidents. i'm sure he meant by that if we changed presidents we will be on the way to a stronger recovery. we need a president who has

different economic policy priorities from the current president. i mean, the idea of saying that the republicans would rather have people be unemployed and then win the election is just nonsense. it's holier than thou partisan nonsense. >> juan: it seems to me, yes, mitch mcconnell did say his goal was to defeat president obama. he clearly said he wants this economy to, would. that's what he said, simon, where is this line of attack coming from in president clinton's mind doesn't he know this is sciolous? >> well, first of all, he says he wants to get the economy recovering through cutting spending and reducing the deficit and look what the republicans are actually proposing right now. they want to increase defense spending. they want to roll back obama care. they want to cut taxes on wealthy people. all of that will increase the deficit by trillions of dollars. it just shows that the argument that mitch mcconnell made was magical thinking that somehow just by saying we are going it reduce the deficit the deficit is going to get reduced. it's not true. the republicans now are the

ones promoting exploding the deficit. the democrats are trying to reign it in. first of all i disagree with the economics behind what mitch mcconnell is saying. on the politics we could go through list after list of things the democrats have tried to do to get the economy working again that the republicans have blocked. there is clearly a difference of opinion about what it's going to take to create growth. the democrats are correct and the republicans are wrong. >> juan: okay, it doesn't matter what mitch mcconnell said the fact is republicans are obstructing jobs bill proposal. job creation coming from this democratic president. and they seem content to go home before the election because, guess what? they will say the economy is still struggling and then they will will will blame it on obama. >> they have a list of proposals that's been made in great detail. they will stimulate the economy in their view. part of the problem we have here is that we don't really know what will stimulate the economy. we do know we need a stronger defense. we face extremely big defense

problems in various areas of the world. we dehave a great many very intelligent people saying that cutting taxes on high earning high achieving people is not a bad idea. some do say it's a bad idea. we don't really know what will work. this idea that somehow the democrats are more compassionate. more moralistic, have a better sense of the hume heart of the republicans is just i think ridiculous. same old nonsense. >> juan: if we don't know what works but i thought the basis for romney's campaign is he a businessman who does know what works and is he going to fix the economy. >> that is the basis for his campaign but i'm not 100% clear that it's true. i'm also not 100% clear that mr. geithner has an idea of what will fix the economy or that anyone else in the democratic white house has an idea of what will fix the economy. that doesn't seem clear. >> juan: all right. but simon one thing that bill clinton has said is that he would not, he would not end the tax cut, the bush tax cuts for anybody and now we hear that president obama says, yeah, he wants to maybe extend it for a year.

but he is not making open-ended commitments. so why is president clinton now saying oh, it's the plus who are at fault when in fact he has differences with president obama. >> well, that happens in all parties. i think it's also true in the republic side but i think what the president said if you heard the end of that tape, he said the republic embrace of austerity will do more to reduce employment, slow job growth, increase the deficit than what the democrats are proposing. that's what he said. the reason why last summer when we did that deficit deal, right? remember the debt ceiling debate that took place. we did all gdp estimates were lowered. the economy started to slow because if you take that if you contract the economy belearned this in britain and europe if you contract the economy less jobs less growth. the republicans are proposing a strategy less jobs, less growth, more debt. the democrats are proposing more jobs, more growth and less debt. that's what this election is going to be about. >> wait a minute. simon, greatest possible

respect you just said the respects are trying to explode the deficit and make it bigger. first you said they are trying to make t. >> no i said more debt. more debt. i was clear. ben, i was clear. >> juan: i have got to stop you because i get it all the contradictions and all the debates i get it. thank you for coming, in gentlemen. on deck, a stunning new fbi report shows george zimmerman was not, repeat nod motivated by race when he shot trayvon martin. will this change the outcome of his trial? right back with it. ♪

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>> juan: in the back of the intook egg isn't tonight, george zimmerman and race. after 17-year-old trayvon martin was shot and killed by zimmerman. many immediately jumped to conclusions and accused

zimmerman of being a racist. >> he was executed for wwb wwbnagc. walking while black in a gated community. >> trayvon was hunted down like a rabid dog he was shot in the street. racially profiled. >> juan: new fbi report different picture. report based on interviews with nearly three dozen people says there were no evidence zimmerman was motivated by race when he shot trayvon martin. so will this new information help the defense? joining us now from orlando, florida, criminal defense attorney diana. and here in studio, former prosecutor joey jack soz son. bhz dennis, let's begin with you, how relevant is is he not

a racist. >> extremely relevant. first of all not a report. it's an fbi report. fbi agents are seen as professional, more objective and they are more credible to juries. number two, the second degree murder charge has to have an element of strong feelings, hatred, ill will, fight, anger, that is the basis of second degree murder. if you don't have this guy profiling stocking and going after this young man because is he black. you don't have second degree murder. so i think this is a huge upset for the state and i think it's going to be a real big thing for the defense. >> >> second degree requires that notion of malice. >> yes. >> but what if it's the case that he thought this young man, again, being black, wearing a hoody, was suspicious, could that also be then -- >> -- absolutely. juan, let be clear this is not a civil rights prosecution predicated on race. it's a prosecution based on second degree murder.

it's not whether is he a racist whether his actions that night were appropriate and if he acted with depravity. i would suggest to you that although the fbi reports maybe it would have helped the prosecution had they come back and said that there was some racism in his background, right? i don't think that this is a death nail at all. i don't think it's entirely relevant to them establishing his case. what he did that night, that's what we are focusing on. was it appropriate? did he act with the type of reasonableness what the law required? the prosecution will say no. making this report auto nonfactor. >> a jury is going to say is this a guy a racist? is that what i'm really dealing with? i wonder now if in fact the defense and you are a defense attorney if the defense is going to say, you know what? there is no evidence. look at the fbi report. well, right. and i disagree with joey. this isn't about reasonableness. second degree murder is not about acting unreasonably. maybe, maybe you get manslaughter for reckless indifference and unreasonableness. you do not get second degree

murder for acting unreasonably. i think the jury at this point is not going to be able to hear those words that the state wants them to hear. profiling. that word i think is going to be excised from this trial because it's no longer going to be george zimmerman went after this kid because is he black. and i don't think the state is going to be able to spin it that way. that is certainly where they have gone so far. >> two things diane and i hear you. how did he act? that's what has to be looked at. reasonableness comes back to two things. it comes back to stand your ground hearing if his lawyer determines he should get one and appropriate to those circumstances. did he stand his ground and did he act in those circumstances as a person in his position? >> juan: slow down joey, explain stand your ground did he feel threatened and was the threat justification for him to take action shooting trayvon martin. >> you portray it exactly right. now if there is immunity hearing, should his lawyer decide to go that route and we don't know if he will, juan. why? because this judge said some pretty tough things about his

client that is mr. zimmerman and about whether or not is he a liar, whether he manipulated the court system based upon his other lies and other tales. if his lawyer decides to have them mount hearing veracity and what he stated before to the police. what did he feel? what did he think? what did he do? he has to testify. he is going to be cross-examined. >> juan: i come back to the idea that you saw in those video clips. you had members of congress. you had the civil rights community yelling racism and there is no racism apparently according to an impartial investigation by the fbi. howe would that effect an immunity hearing? how does that effect public perception going into the trial and jury selection? >> well, i think it effects it a lot. you have got to have passion in order to have second degree murder. and those actions that we're talking about the racial stuff with all the stuff that led up to george zimmerman being on the ground on his back and having the stuffing beaten out of him. if you don't have him having a reason to have gotten --

caused the situation. then all you have is him being beaten and shooting somebody who just broke his nose. >> juan: counselors, we have got to go. thank you so much. because this is going to be an ongoing situation across the country. best factor tips of the week in a moment. you won't want to miss this. that's 60 seconds away. building pass, corporate card, verizon 4g lte phone. the global ready one ? yeah, but you won't need...

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some people don't. but if you want to slenderize, listen up. a few seconds before you eat drink a glass of water with lemon juice in it. that will cut your april entitle. the focus is blackberry. this is a hand grenade and it can easily blow up your life. when you receive a provocative e-mail or text, invoke the ten minute rule. do nothing for ten minutes. don't answer. put the hand grenade down. that will give time to clear your head and not put anything in writing that may harm you. think about it. tv program jersey shore has taped the last episode. good, twad garbage. here is a tip. don't you do what the jersey shore morons did. don't swear every ten seconds,

don't use bad grammar. it makes it sound like you don't have any brains. don't get a tattoo of a scorpion on your neck. sugar is mostly bad for the body. however, there are sweet things, that actually good for you. you can find some of them on a website called hail harassment.com. there is a lot of desserts and some of them are really good. you have to test them but some are them are really excellent and generally healthy. tip of the day. hailmary.com. >> before we go tonight. here is another tip, if you sign up to be a premium member you will get a free copy of bill's best-seller "killing lincoln" i